Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302-Murder-Sentence-Motive asserted from prosecution side relatable to continuance of illicit connection by accused appellant's wife-Lesser of two sentences mentioned in S. 302, held, can be awarded for murder-[Sentence]. (b) Penal Code (XLV of 1860)- S. 302=Murder-Sentence-Nature, location, and force of blow on deceased as also dimension of chhuri clearly indicating blow having been inflicted deliberately in order to cause intentional harm to deceased-Depth. of injury as also force used resulting in partial cutting of clavicle bone further supporting such supposition - Mere fact of deceased having a solitary blow as last act on part of accused, held, would not, in circumstances, show blow having been accidental or mere incidental. (c) Penal Code (XLV of 1860)- -- S. 302-Murder-Appreciation of evidence-Sentence-Deceased shown to have made efforts to stop accused during his attack on her (deceased's) sister - Appellant accused after realising that deceased might effectively stop him from killing his wife removing hindrance by giving a violent blow to deceased knowing to be likely to result in her death-Injuries suffered by accused on his two hands and their dimensions indicative of fact that deceased must have made efforts to stop accused from causing harm, or further harm, to her sister, wife of accused-Murder, held, deliberate and absolutely unjustified and called for no reduction in sentence of death.-[Sentence]. (d) Penal Code (XLV of 1860)- -- S. 300, Exception I-Murder-Grave and sudden provocation ­Contention that whenever an accused acts under rage on account of loss of self-control and commits murder with same amount of justification ground would be furnished for viewing another murder committed as a sequal to first one with same justification-Not acceptable as a general proposition applicable to all cases-Determination of question, held, depends upon facts and circumstances of each case, requiring closer examination, among others, on nature of motive and intention for initial and subsequent killing, preparation, time gap, nature of weapon and relationship of victims inter se.-[Grave and sudden pro­vocation]. JUDGMENT…

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